Federal Circuit Rules Its Precedents on Domestic and International Patent Exhaustion Principles Not Changed by Supreme Court Cases



In Depth

Paul Devinsky wrote this bylined article on the Federal Circuit’s Lexmark International ruling, which reaffirmed earlier rulings that sale of a product abroad does not exhaust the U.S. patent rights associated with that product. “Applying this decision, U.S. courts faced with similar issues will likely rule that a foreign sale of a product by a patent owner does not exhaust its U.S. patent right,” Mr. Devinsky wrote, adding that “a Supreme Court cert petition appears to be likely” in view of two earlier decisions by the high court.